• Legal Remedy against Wife Harassing Husband in Women Cell and Court Case

Short Story and Facts of the Case:

My Nephew got married in 2019. Their son was born and they were living happy married life. In August 2022 one day both (husband & wife) had small verbal argument. His wife called her parents. Her Parents came and took their daughter and her son to their home. 

Since August 2022 she had not returned. Boy side family members and relatives tried many times, but his wife is not ready to come. She is refusing and making false allegations against - Husband, His father, His Mother and His married Sister. She now wants divorce. But boy and his family do not interested in divorce, Instead they want that she come back and live happily with his husband. But She and her family is adamant on divorce. Since August 2022 she did not come back and is NOT in touch/contact with his husband. She is not even attending the phone calls of his husband.

Now after 8 months, in March 2023, She has taken two legal actions against husband:

1. She filed a compliant of mental harassment and dowry in ‘WOMEN CELL’ (Police) against: Husband, Father-in-Law, Mother-in-Law, Sister-in-Law (Married) and Sister-in-Law’s husband.

(She is making totally false allegations. In reality there is no such dowry demand and harassment by boyside).

Women Police Officer has called both parties three times. Boy is saying that he is is ready to live with his wife. But his wife is refusing. Now Women Police Officer has given boy side the last date and warning to solve the issue. Women Police Officer said to BOY SIDE that “Girl is not ready to live with his husband, therefore solve all your Settlements (like money etc.) with GIRL SIDE”.

2. She has filed another Case in Family Court under Section 125 of Maintenance Orders Enforcement Act. The first date of hearing is in next month.

Girl Side only wants divorce and HEFTY MONEY to settle the issue.

I WANT LEGAL ADVICE ON:

(A) In Women Cell Case:

1. What women police officer can do against BOY SIDE if they do NOT settle the issue with girl side for example (if they do not agree to pay money demanded by Girl Side) ??

2. What precautions (Legally) should we take in next meeting in Women Cell???

3. Girl Side and good approach with MLA and MLA’s PA comes personally and influence the Women police officer. Under political pressure, what action can women police officer take against BOY and his family members like FIR etc…???? And How to get Save from it????

4. What things that BOY and his family members, take care of, while giving any “Written Statement” in Women Cell ??

5. In Family Court Case: How to present a case in a way so that Maintenance is not levied on Husband??

6. How to Best deal with this case, to stay safe… in which wife is unnecessary harassing the HUSBAND and his family members ???? Please give detailed reply !

7. What type of legal action/court case BOY SIDE can take against other side??

8. How to get divorce without paying hefty amount/Alimony to wife?
Asked 2 years ago in Family Law
Religion: Sikh

2 answers received in 1 hour.

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6 Answers

Issue is required to be examined in detail. Strategic and preventive steps are required to be taken up for safety of family members and also to resolve the issue in question. 

1. Police office can sent the complaint for registration of FIR. 

2. Apply for bail but strategically. 

3. Approach with higher-ups  does not matter. Remedies could be suggested after examining the detail. 

4. In criminal case there is no requirement of any written statement. 

5. Husband is legally bound to pay maintenance to eife and child, alimony and separate independent residence if wife foes not own any property for residence. 

6. & 7. It depends upon fact and circumstances of tye case. 

8. No way. Remedies differ from case to case.  By approaching strategically good result could be expected.

 

 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

police will file FIR  under section 498 A of dowry harassment 

 

2) husband should apply for and obtain anticipatory bail from sessions court 

 

3) deny allegations . that no demand for dowry made .no dowry given at time of marriage or after marriage 

 

4) if wife is highly qualified and working she will not get maintenance 

 

5) husband can file case of defamation against girl and her family under section 500 of IPC 

Ajay Sethi
Advocate, Mumbai
99840 Answers
8148 Consultations

-  As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Further, as per Section 125 (4), CrPC , No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband.

- Hence , if she is not ready to live with her husband ,then the husband can these pleas for his relief before the court , and legally she cannot claim maintenance. 

1. If the matter will not settled before the Women cell, then the compliant may be dismissed

- Hence, the appearance of the boy side is necessary before the women cell , otherwise they can lodge an FIR

2. Settle the matter with her without paying amount , and on the condition to withdraw the compliant under section 125

3. They can lodge an FIR against the boy due to political pressure , 

4. As mentioned above 

5. Reply given above

6. Contact a lawyer for a detail suggestions

7. Parents can file a compliant against her under the provision of DV Act for harassment. 

8. As narrated above

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

I'm sorry to hear about the situation you are facing. Here is my legal advice on the questions you have raised:

 

(A) In Women Cell Case:

 

What women police officer can do against BOY SIDE if they do NOT settle the issue with girl side for example (if they do not agree to pay money demanded by Girl Side) ??

 

The Women Cell does not have the authority to force a settlement between both parties. However, if the allegations of dowry harassment and mental harassment are found to be true, then the police may register an FIR against the accused under relevant sections of the Indian Penal Code.

 

What precautions (Legally) should we take in the next meeting in Women Cell???

 

It is advisable to have a lawyer present during the meeting in the Women Cell. The lawyer can assist in providing legal advice, cross-examining witnesses and presenting evidence. The BOY SIDE should also maintain a calm demeanor during the meeting and avoid any arguments or confrontation.

 

Girl Side and good approach with MLA and MLA’s PA comes personally and influence the Women police officer. Under political pressure, what action can women police officer take against BOY and his family members like FIR, etc…???? And How to get Save from it????

 

The Women Cell should act independently and impartially. If there is any attempt by the Girl Side to influence the police officer or put political pressure on the BOY SIDE, then the BOY SIDE should immediately bring it to the attention of the higher authorities.

 

What things that BOY and his family members, take care of, while giving any “Written Statement” in Women Cell??

 

The BOY SIDE should be truthful and provide accurate information in their written statement. They should avoid making any false or misleading statements as it can be used against them in court.

 

In Family Court Case: How to present a case in a way so that Maintenance is not levied on Husband??

 

In order to avoid maintenance being levied on the husband, it is important to prove that the wife is earning and is capable of maintaining herself. Evidence such as salary slips, bank statements, and income tax returns can be submitted to support this claim.

 

How to Best deal with this case, to stay safe… in which wife is unnecessarily harassing the HUSBAND and his family members??

 

The BOY SIDE should remain calm and avoid any confrontation with the Girl Side. They should cooperate with the legal process and provide accurate information. It is advisable to have a lawyer represent the BOY SIDE to provide legal guidance and support.

 

What type of legal action/court case BOY SIDE can take against the other side??

 

If the Girl Side is making false allegations, then the BOY SIDE can file a defamation suit against them. They can also file a counter-complaint against the Girl Side if they are found to be guilty of any offense.

 

How to get a divorce without paying hefty amount/Alimony to the wife?

 

The BOY SIDE can negotiate a settlement with the Girl Side in which they agree to mutually divorce without any alimony being paid. However, this is subject to both parties agreeing to the terms of the settlement. If an agreement cannot be reached, then the court will determine the amount of alimony to be paid based on the income and financial status of both parties.

 

 

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

1. If the reconciliation efforts taken by the women police fails to yield any result then the women police may register FIR against all of them on the basis of the complaint, even though the complaint is false and baseless.

Then he has to challenge the same only during trial proceedings after obtaining bail for all the accused.

2. On the next meeting, as the girl is not going to agree for rejoining, the boy side may agree to give divorce but on any settlement terms otherwise the boy side can refuse to agree for any terms and then immediately file an application for anticipatory bail for all.

3. If the police is bent upon to register FIR, then the boy side can obtain bail immediately to avoid arrest.

4. They have to give statement that the complaint is false and that they did not demand any money or dowry from her, she has left the home on her own and now she is filing this false complaint on the instigation of her parents.

5. If she is not employed nor having any source of income to sustain her expenses, then the husband is bound to pay her monthly maintenance to her.

Therefore first of all ascertain that if she is employed or having any source of income in order to avoid paying maintenance to her.

6. The cases filed by her have to be challenged on merits on his side.

7. He cannot file any case against her because he has no reason to file any case against her.

8. There is no hard and fast rules to pay heavy maintenance amount or alimony to her, it should be challenged based on the circumstances and facts on both the sides. 

 

T Kalaiselvan
Advocate, Vellore
90042 Answers
2498 Consultations

You need to contest the false cases filed. If Any non bailable offence is registered take ABA to secure yourself from arrest

Prashant Nayak
Advocate, Mumbai
34553 Answers
249 Consultations

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